Free Motion to Withdraw as Attorney - District Court of Colorado - Colorado

Case 1:00-cv-02444-REB-PAC

Document 281

Filed 11/23/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 00-RB-2444 (PAC) ______________________________________________________________________ KEVIN J. RUTHERFORD, Plaintiff, v. DR. LOUIS CABILING, Defendants. ______________________________________________________________________ MOTION TO WITHDRAW ______________________________________________________________________ D. Sean Velarde and David M. Pittinos, pursuant to D.C.COLO.L.Civ.R 83.3(d), hereby move this Court to allow them to withdraw as counsel for Plaintiff Kevin J. Rutherford, and in support thereof, state as follows: 1. Undersigned counsel accepted this case through the Faculty of Federal

Advocates Pro Bono Program. 2. A judgment was entered by this Court against plaintiff and in favor of

defendant on September 14, 2005. 3. Plaintiff's fee agreement with undersigned counsel states that the

representation shall continue through trial or the dismissal of the case. Undersigned have completed the representation pursuant to the fee agreement. 4. Undersigned counsel respectively submits that good cause has been

shown that they should be allowed to withdraw from the representation of plaintiff.

Case 1:00-cv-02444-REB-PAC

Document 281

Filed 11/23/2005

Page 2 of 3

5.

Pursuant to D.C.COLO.L.Civ.R 83.3(d), both here and by a Notice of

Withdrawal (filed contemporaneously with this motion and incorporated herein by reference), undersigned provides and provided to Plaintiff Kevin Rutherford notice that plaintiff is responsible for complying with all Court Orders and time limitations established by any applicable rules. WHEREFORE, D. Sean Velarde and David M. Pittinos of Burns, Figa & Will, P.C. hereby request that this Court allow them to withdraw as attorneys of record for Plaintiff Kevin Rutherford, and for such other further relief as the Court deems appropriate. Respectfully submitted this 22nd day of November, 2005. s/ D. Sean Velarde D. Sean Velarde BURNS, FIGA & WILL, P.C. 6400 S. Fiddlers Green Cir., #1030 Englewood, CO 80111 Telephone: 303-796-2626 Attorneys for Plaintiff Kevin Rutherford s/David M. Pittinos David M. Pittinos BURNS, FIGA & WILL, P.C. 6400 S. Fiddlers Green Cir., #1030 Englewood, CO 80111 Telephone: 303-796-2626 Attorneys for Plaintiff Kevin Rutherford

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Case 1:00-cv-02444-REB-PAC

Document 281

Filed 11/23/2005

Page 3 of 3

CERTIFICATE OF SERVICE I hereby certify that on November 23, 2005, I electronically filed the foregoing MOTION TO WITHDRAW with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Daniel Christopher, Esq. David W. Gerbus, Esq. Molly Anne Walsh, Esq. Kennedy & Christopher P.C. 1050 17th St., #2500 Denver, CO 80265 [email protected] Joseph P. Sanchez Assistant Attorney General Litigation Section 1525 Sherman Street 5th Floor Denver, CO 80203 [email protected]

and I hereby certify that I have mailed or served the document or paper to the following non-CM/ECF participant in the manner indicated by the non-participant's name: By U.S. Mail Kevin J. Rutherford 2815 Wood Avenue Colorado Springs, CO 80907 s/ Ruth Rouse Ruth Rouse

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